Terms & Conditions
What do both parties agree to do?
You, The Client
You have the authority to enter into this agreement on behalf of yourself, your company or your organization. You’ll give us everything we’ll need to complete the project as and when and in the format we may need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together.
DL48 Studio
We have the experience and ability to do everything we’ve agreed with and we’ll do it all in a professional and timely manner. We’ll
Payments
Web Design & Development Packages
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to all payment schedules that are set forth.
A non-refundable deposit of $800 will be required at the beginning of the project.
Payment plans are available upon request.
Payments are due immediately upon the provision of the invoice; delays in payment may cause delays in the project schedule as we do not begin work until any deposit or subsequent required payment is received. Payments that are not received within 14 days of the original due date will incur a late fee of 10% of the amount due for every 14 days they are late.
We consider development complete when all coding and design work on your website is complete. This is often, but not always, when the site launches. Coding may be complete before your site launches and/or before your domain name is directed to your site in situations where you are not finished with content, want to wait to launch, or are adding to the scope of the project. Once the website is complete to the agreed upon project scope, final payment is due. Payment may be due before the site is launched, as in the situations described above.
Independent & Continuing Projects
All requests for maintenance, modifications, and updates will be billed at our hourly rate of $84 per hour. Any request that takes less than 15 minutes will be billed automatically as 15 minutes.
Depending on the frequency of requests, you will be billed 1 to 2 times a month.
Our hourly rate is not fixed and subject to change. If this ever does occur, you’ll be notified 60 days in advance and a new agreement will be issued.
Payments are due immediately upon the provision of the invoice; delays in payment may cause delays with future work requests. Payments that are not received within 14 days of the original due date will incur a late fee of 10% of the amount due for every 14 days they are late.
Refunds
Because you are paying for our time and expertise, payments will not be refunded once work has begun, except in our sole discretion. Any funds that are returned will be for work that has not yet been created. We will not refund any amounts for
Schedule & turn around
Web Design & Development Packages
We will reserve a 6-8 week block of time to work on your website. This block of time will be used to craft your site,
We realize that this is a very short amount of time and additional time may be required depending on the size of the site, amount of content and/or amount of revisions.
Additionally, if the scope of the Project is altered significantly, we reserve the right, in our sole discretion, to amend the launch date to accommodate the changes to the Project.
Please make sure to have the following submitted before we are scheduled to begin work on your site: design specifications, text content, photographs, videos, and any other pertinent information. Additional time will be required if any of these things are not submitted on time. Work will not commence on any project until these items are submitted.
Independent & Continuing Projects
All requests for maintenance, modifications, and updates will be completed within 1 – 8 business days. This time varies depending on our schedule and project load. All requests and projects are dealt with in a first come, first serve manner.
We realize that this is a very short amount of time and additional time may be required depending on the size of the request.
If for some reason the request is needed in a more timely manner, a rush fee may be applied. You will be notified beforehand if a rush fee is required. Rush fees are applied at the discretion of DL48 Studio.
Tech Jargon
Technical support
You have 24 days from the completion of all web design and development projects to report any bugs, or issues to us. We agree to resolve any bugs or issues related to the original coding and design of the site for no additional charge within those 24 days; bugs, issues, or revisions unrelated to the original work or reported after 24 days, will be invoiced at our regular hourly rates.
For on-going maintenance of your website, including software updates, bug fixes, issues, design modifications, content updates, etc., we can provide individual estimates for all as they arise or we can provide an estimate for a yearly or monthly retainer.
Managed Domains
If you’d like, we can manage your domains and make sure ICANN information is current and that they are always protected with privacy settings. With our managed domains, we also provide guaranteed renewal, so you never lose your domain.
Hosting
All websites designed and developed by DL48 Studio must be hosted on our servers in order to provide quality service and specialized tools to ensure website effectiveness.
Website hosting is $128 a year. This price is not set and subject to change.
Access to certain features, plugins, and specialized tools are limited to the client and only accessible by DL48 Studio.
Because of how we structure the websites we design and develop, they may not be transfered, copied or moved in anyway to another hosting company or independent server.
More information on our hosting services and what is all included will be provided upon request.
Copyrights & Credits
Copyright Waiver
First, you guarantee that all elements of text, graphics, photos, designs, trademarks, or other artwork you provide us for inclusion in any project are either owned by your good self, or that you have written permission or have the proper licenses to use them. In the event that you are using an element of text, graphics, photos, designs, trademarks, or other artwork that is licensed to you from the owner, please provide us with a copy of the documentation granting such permission from the owner.
Copyright Distribution
When final payment has cleared, copyright will be automatically assigned as follows:
You own text content, photographs and other data you provided to the extent that you had full and complete ownership upon providing it to us for inclusion in the project. We do not make any statements regarding your ownership of such items that are licensed to you for your use.
We’ll own the unique combination of these elements that constitutes a complete design, including but not limited to markup, design elements, CSS and other code necessary to complete the Project, and we license its use to you, exclusively and in perpetuity for that particular project only. You agree that you will not share or provide the markup, design elements, CSS and other code necessary to complete the project with any other person or entity. In other words, you agree not to sell, share or in any way distribute the finished product in accordance with the project in whole or in part to any other party whatsoever without the express written consent of DL48 Studio. We may withhold consent in our sole discretion.
Displays and other uses of Our Work
We love to show off our work and share what we’ve learned with other people, so we reserve the right to display and link to your project as part of our portfolio and to write, promote and/or discuss on websites, in magazine articles, TV, advertisements, social media, educational purposes, lectures, and in books.
Credits
We may, at our discretion, include a small footer credit on the sites that we design and develop containing our logo, a link to our site and one of the following sets of wording:
- Handcrafted By DL48 Studio (Recommended)
- Designed By DL48 Studio
- A DL48 Studio Design
- Handcrafted in the Midwest By DL48 Studio
At our discretion, we’ll omit the site credit entirely for a one-time fee of $880.
Legal Stuff
We do not guarantee that our work will be error-free or remain error-free forever. We will not be liable to you or any third-party for damages or any damages arising out of or in connection with the project, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
If any provision of this agreement shall be declared by any court to be null, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
In the event that the text content, photographs, graphics, fonts and other data that you provided is not owned by you and you expressly or impliedly claimed that you either owned the text content, photographs, graphics, fonts or other data that you provided to us, you agree to pay all costs, expenses and fees that we may incur that are associated with any claims or disputes that may arise as a result of your lack of ownership and/or permission to use the text content, photographs, graphics, fonts and other data.
You agree to fully indemnify us in the event that any type of dispute arises regarding ownership or permission to use the text content, photographs, graphics, fonts and other data you provided.
In the event that working together is not working for us, either party may terminate this agreement by providing 5 days written
The Small Print
Just like a parking ticket, you can’t transfer this contract to anyone else without written permission from us. Although the language is simple, the intentions are serious and this contract is a legal document. This agreement is construed solely in accordance with the laws of the Commonwealth of Nebraska, excluding its choice of law rules. Any disagreement that may arise between us will be brought in the Court of Lancaster County, Nebraska as the exclusive venue of any suit brought hereunder or in any way related hereto.
However, we each agree that we will try to resolve any dispute that may arise in mediation before we proceed to litigation.
This document embodies the entire agreement and understanding between us with respect to the project.
This document may only be amended in writing that is signed by both of us.
If there is a time where we excuse a breach of any of the provisions of this agreement (like accepts a late payment without charging a late fee), such an excuse will not be deemed to be or construed as a continuing allowance of such a breach.
The Dotted Line
By purchasing services and products from, DL48 Studio, LLC, you acknowledge that you have read and agree to the terms and conditions listed above. These terms and conditions do not cancel out or void other individual contracts or agreements made by DL48 Studio.
Effective as of January 22, 2016
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